Indiana Court of Appeals

Judges revise murder sentence

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals upheld the murder conviction of a defendant who killed a Bloomington man in response to a sexual assault, but found the circumstances around the killing warranted a lesser sentence.
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COA affirms ruling in favor of mining company, DNR

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
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Appellate court split on ordering new trial for mom

March 21, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered a woman convicted of killing her son by setting fire to their home in 1996 receive a new trial, although one judge believed she did not meet her burden to prevail on appeal from the denial of her petition for post-conviction relief.
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COA finds mentally ill man was aware actions were wrong

March 20, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court in finding a man who is mentally ill was nevertheless aware of the wrongfulness of his actions.
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Judges disagree on impact of caselaw

March 20, 2012
Jennifer Nelson
In a man’s appeal of the denial of petition for post-conviction relief, in which he claimed ineffective assistance of his trial and appellate counsel, the Indiana Court of Appeals was divided on whether his appellate counsel was ineffective and if caselaw prevented the trial court from considering charges outside of the guilty plea.
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Judges rule in favor of insured

March 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found under the plain language of a woman’s insurance policy, the woman did what was required of her by the policy to pursue an underinsured motorist claim.
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Court ordered to recalculate division of pension

March 19, 2012
IL Staff
The Indiana Court of Appeals has ordered the lower court to take another look at the division of a husband’s pension, finding the court used the wrong number in its decision.
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Judges affirm change in custody

March 19, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the modification of a custody order giving the father primary custody of his son, finding the trial court didn’t abuse its discretion in deciding that the boy’s physical and mental/academic maturation constituted a substantial change warranting the change in custody.
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Justices address forum-shopping

March 16, 2012
Michael Hoskins
The Indiana Supreme Court has clarified that a defendant who claims forum-shopping has happened in a criminal case does not need to establish prejudice in order to prevail on appeal.
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Officer's statement not protected by First Amendment

March 16, 2012
Michael Hoskins
A divided Indiana Court of Appeals has ruled the New Albany Police Department had the right to discipline an officer whose racially charged comments made to fellow officers were leaked to the press and made public.
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COA rules police officer's questions not unconstitutional

March 16, 2012
Jenny Montgomery
The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.
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Appeals court rules on gas station's insurance coverage case

March 16, 2012
Michael Hoskins
Determining that an insurance company was obligated to defend and indemnify a Warsaw service station for contamination cleanup, the Indiana Court of Appeals has reversed a Kosciusko Superior Court decision finding otherwise.
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Judges rule Wisconsin court had personal jurisdiction

March 16, 2012
Michael Hoskins
The Indiana Court of Appeals has determined a Johnson Superior judge should not have set aside a Wisconsin court’s default judgment involving the sale and delivery of a boat between parties in the two states.
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Judges rule on lakefront land rights case

March 15, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes and the shore of Big Long Lake.
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Court of Appeals reverses medical malpractice ruling

March 15, 2012
Michael Hoskins
Determining that a question exists about when the statute of limitations started running on a proposed medical malpractice complaint, the Indiana Court of Appeals has reversed a decision in a case involving the death of a woman at an Indianapolis hospital after receiving medication prior to heart surgery.
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Appellate court reverses trial court in union labor dispute

March 15, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court that had determined an arbitrator exceeded his powers when he found in favor of a labor union.
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COA affirms trial court in finding drug evidence was admissible

March 15, 2012
Jenny Montgomery
The Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse and hotel room.
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Judges reverse adoption completed while mother was out of state

March 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed the grant of an adoption petition by a child’s paternal grandparents, finding the matter was surrounded by irregular and fraudulent circumstances.
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Justices rule for first time on FEGLIA preemption issue

March 14, 2012
Jennifer Nelson
In a dispute between two ex-wives over the life insurance policy of their deceased husband, the Indiana Supreme Court has ordered the trial court determine how much money each woman is entitled to.
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Court upholds robbery conviction

March 14, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed a woman’s Class B felony robbery conviction over her objections that the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
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Tort law case tests boundaries of 'duty'

March 14, 2012
Jenny Montgomery
The Indiana Court of Appeals recently issued an opinion that answered some complicated questions about the point at which one person assumes a “duty” to another. But the panel did not reach a consensus, with one judge writing that the majority opinion could have a negative impact on public policy.
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Questionable results of drug tests

March 14, 2012
Michael Hoskins
Attorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed task force show that she may be justified in having that fear.
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Shield law ruling unique in nation

March 14, 2012
Michael Hoskins
The Indiana Court of Appeals adopts a modified test in a defamation case.
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Indiana Court Decisions - Feb. 23-March 7, 2012

March 14, 2012
IL Staff
Read summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana's appeals courts.
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COA affirms trial court in land rental dispute

March 13, 2012
Jenny Montgomery
The Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a tenant who was not given adequate notice to vacate rented land.
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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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